Copyright & DMCA Policy
OPTIMAL FISH FOOD Copyright and DMCA Policy Effective Date: January 1, 2016
The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.
- Notification. If you believe that any content on this Site infringes upon any copyright which you own or control, please send a written notification (by mail or email) to:Copyright Claims
305 4th Street Suite A, Brookings, South Dakota 57006
- Under the DMCA, to be effective the notification must include substantially the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
- Identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works on the Site are covered by the notice, a representative list of such works;
- Identification of the URL or other specific location on the Site containing the material that you claim is infringing or to be the subject of infringing activity (with reasonably sufficient specificity to permit us to locate the material);
- Your name, address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; and
- A statement by you that the notification is accurate, and under penalty of perjury, thatyou are the copyright owner or authorized to act on the copyright owner’s behalf.Please note that you may be liable for damages, including court costs and attorney’s fees, if you materially misrepresent that content on the Site is copyright infringing. Upon receiving a proper notification of alleged copyright infringement, we will remove or disable access to the allegedly infringing material. If the material was posted to our Site by another user, we will promptly notify the alleged infringer of your claim and of the statutory counter-notification procedure described in Section 3 below.
- Counter-Notification. If you believe your own copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written counter-notification
letter pursuant to the DMCA. To be an effective counter notification under the DMCA, your letter must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found
- A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party’s agent;
- Your name, address and telephone number;
- A statement under penalty of perjury that you have a good faith belief that the materialin question was removed or disabled as a result of mistake or misidentification of thematerial to be removed or disabled; and
- Your physical or electronic signature.You may submit your counter-notification letter to us by fax, mail, or email at the contact information noted in Section 1 above. If you send us a valid, written counter-notification letter meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your counter notification, unless we first receive notice from the party filing the original notification of alleged copyright infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
4. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, OPTIMAL has a policy of terminating, in appropriate circumstances and at our sole discretion, access (to any areas of our Sites that allow user-submitted content to be posted) by users who are deemed to be repeat infringers. We also may, in our sole discretion, limit access to such areas of our Sites for any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.